News Item

03/17/2017

Law360: "Trump's Proposed DOJ Budget Cuts Would Gut Civil Rights"

Law360, New York (March 16, 2017, 9:14 PM EDT) -- The Trump administration's Thursday proposal to cut the U.S. Department of Justice’s budget even as spending on immigration enforcement and other areas increases is another indication that the new administration will put less emphasis on civil rights, fair lending, antitrust and other areas, experts say.

While President Donald Trump's budget proposal is almost certainly not expected to become law, the document does set out the administration’s priorities and main areas of focus. Immigration enforcement and violent crime reduction have clearly taken the lead, and, based on the budget outline released by Trump's Office of Management and Budget, it appears that other areas within the Justice Department's purview will have to face less funding.

"There's only so much money to go around," said Michael Weinstein, a partner at Cole Schotz PC and a former federal prosecutor.

The Trump administration's budget blueprint requests $27.7 billion for the Justice Department for 2018, a $1.1 billion, or 3.8 percent, drop from the 2017 allocation to the department under the continuing resolution that expires in April.

However, even with that drop, the administration is seeking to increase funding for the FBI by $249 million, or 3 percent, over the current continuing resolution and an additional $175 million to go after what the document calls "the worst of the worst criminal organizations and drug traffickers in order to address violent crime, gun-related deaths and the opioid epidemic."

Funding for immigration judge teams, to deal with illegal entry and unlawful presence cases, will see a jump of nearly $80 million from the existing continuing resolution and increases the number of Justice Department officials that will work on immigration cases.

The proposed budget also provides an additional $171 million for short-term detention space for federal detainees, including undocumented immigrants, over existing levels.

Those funding increases, coming with the broader cuts that the Trump administration wants to see inside the Justice Department, means that certain areas are going to have to take a backseat to immigration and other priorities, said Randolph McLaughlin, a professor at Pace University Law School.

"Clearly the areas that will be cut are the areas that are of interest to civil rights litigators," he said.

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